Procedural error postpones McHale's trial

The Hamilton Spectator

(Nov 22, 2008)

The trial of Caledonia activist Gary McHale has been delayed because of a procedural error by the prosecutor. McHale is charged with counselling to commit an illegal act, in this case, mischief.

The charge stems from a Dec. 1, 2007 rally involving Caledonia and Six Nations residents which turned violent. McHale's trial started Thursday, but was halted yesterday after the error was brought to the court's attention.

Assistant Crown attorney Mitchell Hoffman said the Crown had been proceeding summarily on the charge, which would have meant a less serious punishment if McHale was convicted.

However, after discussing the issue with Ontario Court Justice Bernd Zabel, the court determined the charge was indictable, which means McHale could choose to have a preliminary hearing and a trial by judge and jury, or a trial by judge alone. Zabel told McHale he could take the weekend to decide how to proceed.